Q: My childs father filed for paternity and idk where he's going to go next with it can i file for child support and custody before the court date? he has been to jail before and I also want to get supervised visits is any of that possible ?
A: David's Answer: Yes, you can - and should - file a petition for custody. Technically, he would need to file a separate petition for visitation. As for whether he'll get supervised visitation depends in part on his track record of visits thus as well as what he was jailed for, along with several other factors. Speak to a Child Custody lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including divorce, separation, custody/visitation, child support and paternity matters. He’s ranked in the top 5% of NYC Metro Family Law Attorneys, and has been published in numerous periodicals. He is the author of 6 Family Law books. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website is: www.blivenlaw.net.
Sunday, January 26, 2014
If my son was to give up his parental rights is he still obligated to pay child support?
Q: The mother will not allow my son to see his daughter on less he sees her too!
A: David's Answer: There is not such thing under NY law as "giving up parental rights" unless they are terminated stemming from a child welfare case or there's an adoption pending (or imminent). If he's having trouble visiting his child, he should file a petition for a visitation order. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: There is not such thing under NY law as "giving up parental rights" unless they are terminated stemming from a child welfare case or there's an adoption pending (or imminent). If he's having trouble visiting his child, he should file a petition for a visitation order. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Hi my daugther is going to be 20 this month and she not in college and she has a little job and her mom remarried
Q: how can i get the child support terminated I dont mine helping but its just too much be taken
A: David's Answer: You can generally only terminate child support if the child is completely self-supporting. As such, her job would need to be a full-time job paying at least minimum wage. Speak to a child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You can generally only terminate child support if the child is completely self-supporting. As such, her job would need to be a full-time job paying at least minimum wage. Speak to a child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My x is not paying his co-pay to me what can I do. Also, i started taking my daughter to colleges and sent him a bill on half.
Q: It states I pay for the co-pays first and he needs to pay me back and he owes me over 400 dollars. then for college we went to visit one and I sent him the bill on that and he has not paid me on that either.
A: David's Answer: Send an itemized letter via certified mail, return receipt along with the bills he owes (so you can prove he received them. If he fails to pay, then file a violation petition. If you original order did not include his share of college, then you'll need to file a modification petition to ask that he pay those expenses. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Send an itemized letter via certified mail, return receipt along with the bills he owes (so you can prove he received them. If he fails to pay, then file a violation petition. If you original order did not include his share of college, then you'll need to file a modification petition to ask that he pay those expenses. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, January 18, 2014
Child support/back pay
Q: i have a dept of back pay just back pay owed to child support and got back with the mother i am taking care of my kids but they are taking to much money out of my check every week and i cant support my family because of it what paper work do i file or steps do i take to get that amount taken reduced
A: David's Answer: I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Mother wants to claim child for the second year in a row?
Q: Our child is been the breaking point between us. We don't get along , we fight constantly on irrelevant topics and we tend to only get along When it benefits her. Her up coming tricks is to claim our child a 2nd time. We both have joint physical legal custody w/o placement until she is of age to attend school. Before the court order we had been separated with joint custody after the court agreement we had the above. Before the courts intervened she changed her medical insurance without my consent. After that she still has her insurance set as the same one. She does not notify my of appointments or bills and both of us gross the same. We both have her about 50 / 50 and she says she is claiming her and I have no right. My counsel says go for it. And she agreed in court but verbally? Thanks!
A: David's Answer: I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Do I have to get a "motion" to have a court clarify an order that was granted to me specifying arrears for child support?
Q: divorce proceedings: Child Support servcs. requesting exact amount and start date to garnish monies owed in arrears. Husband is disputing monies owed in past arrears. lawyer says I have to put a motion in order to get that clarification letter from the judge, and claims will take months. Is there a quicker way so they can take current support and arrears support?
A: David's Answer: It would probably be a "motion to renew/reargue." I'm not aware of any other way to get "clarification" from the Judge. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It would probably be a "motion to renew/reargue." I'm not aware of any other way to get "clarification" from the Judge. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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